Opinion
Case No. 399-02649, Jointly Administered
January 6, 2004
Paul G. Jennings, Gene Humphreys, BASS, BERRY SIMS PLC, Nashville, Tennessee, for Debtors and Debtors-in-Possession
John Wm. Butler, Jr., George N Panagakis, SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, IL, for Debtors and Debtors-in-Possession
Steven B. Flancher, Lansing, MI, Representative for Claimant
AGREED ORDER RESOLVING CLAIM NO. 2689, 3314, 4868 STATE OF MICHIGAN DEPARTMENT OF TREASURY
Upon Service Merchandise Company, Inc. ("Service Merchandise," or in reference to itself and its affiliates, the "Reorganized Debtors") and the State of Michigan Department of Treasury (the "Claimant"); having agreed, as signified by the signatures of counsel and authorized representative of the Claimant below, to a resolution of Claim No. 2689, 3314 and 4868 (the "Claims") on the terms set forth in this Agreed Order; and the court being otherwise sufficiently advised, it is hereby
ORDERED, ADJUDGED AND DECREED:
1. Claim No. 2689 shall be and hereby is ALLOWED as an unsecured priority claim in the aggregate amount of $3,985.00 against Service Merchandise Company, Inc. in Case No. 399-02469.
2. Claim No. 3314 shall be and hereby is ALLOWED as an unsecured priority claim in the aggregate amount of $157.21 against Service Merchandise Company, Inc. in Case No. 399-02469.
3. Claim No. 4868 shall be and hereby is ALLOWED as an unsecured priority claim in the aggregate amount of $739.51 against Service Merchandise Company, Inc. in Case No. 399-02469.
4. The Claims shall be and hereby are DISALLOWED to the extent they exceed their respective allowed amount ordered above. Upon payment by the Reorganized Debtors of the amount ordered as allowed above, the Claims will be deemed paid and will no longer constitute a valid priority claim in these cases.
5. All distributions on account of the claim allowed by this Order are governed by the terms of the Debtors' confirmed chapter 11 plan, and any other actions to collect or enforce the claim allowed in this Order and/or any other claims against the Debtors or against the assets of the Debtors or any affiliate or insider of the Debtors are prohibited by the plan and confirmation order entered May 13, 2003.